Newhouse Mill & Lumber Co. v. Keller
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Appellee alleged that he entered into a contract with appellant whereby, for a consideration of $500 paid by appellee to appellant and the agreement on his part to move his mill from Monticello, in Drew County, to Gould, in Lincoln County, and to erect same on the land of appellant and to saw timber, appellant agreed to furnish appellee with timber estimated at 4,000,000 feet, for which…
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Appeal from Lincoln Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Appellee alleged that he entered into a contract with appellant whereby, for a consideration of $500 paid by appellee to appellant and the agreement on his part to move his mill from Monticello, in Drew County, to Gould, in Lincoln County, and to erect same on the land of appellant and to saw timber, appellant agreed to furnish appellee with timber estimated at 4,000,000 feet, for which appellee was to pay $10 per thousand feet. Payments were to be made at the end of each month. The timber was to be delivered…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The court did not err in overruling the motion for a continuance. Such motions are addressed to the discretion of the trial court; and unless they have clearly abused such discretion in refusing to grant a continuance, this court will not reverse the ruling. Taylor v. Gumpert, 96 Ark. 354, and cases cited.
The residence of the absent witness was not stated in the motion. It was alleged that he lived in a distant county, but otherwise no information is given the court showing that his attendance could be had at a future term. It does not appear that…
2Cases cited16 opinions
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
- Puckett v. StateSupreme Court of Arkansas · 1902
- Border City Ice & Coal Co. v. AdamsSupreme Court of Arkansas · 1901
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3Cited by4 opinions
- Black & White Cab Co. v. DovilleSupreme Court of Arkansas · 1952
- Louisiana & Arkansas Railway Co. v. MuldrowSupreme Court of Arkansas · 1930
- Texarkana & Fort Smith Railway Co. v. AdcockSupreme Court of Arkansas · 1921
- Martin v. VaughtSupreme Court of Arkansas · 1917